Ranganath
18 June 2012 at 18:59
Ld Counsels,
In the trail of a divorce case filed by husband during cross examination can questions be put to husband based on facts and documents that came to light after the filing of written statement by wife. However the questions will be relevant for the issues raised in the case.
Will the objection that those facts not pleaded in the written statement be maintainable.
Please clarify,
Thanks in advance.
Dhirendra
18 June 2012 at 17:54
sir, my wife has filed a case of 498A. now the thing is that i had already tried to pursue her by filing an application in mediation center where she asked for 50 lakhs rupees to be put in name of my daughter who is 18 months old. i had also called up my relatives who tried to convince her but all in vain. pls suggest what to do as she has filed section 125 for maintainance though she is ME Environment Engineer and was earning 30,000 rupees per month but has left job to take care after the child. my all requests are going in vain as she is saying to do property division among my 4 family members and to put down my 4th portion in name of my daughter. pls help ........
supabcdefgh
18 June 2012 at 08:57
Assume all wealth is generated after marriage. Assume best case scenario from wife point of view. What is the general rule in deciding the property division and alimony?
Assume the couple has one son, staying in hostel and court decides that responsibility of son stays with father and mother gets time if son is comfortable. So 12+ and has his own feeling and do not go well with mother and prefers time with father.
The question is about alimony and property division. Please do not divert the division about child custody.
Rahul Sharma
17 June 2012 at 20:54
Can some one Please guide me in knowing the procedure of court Mediation or Amicable settlement as per court order in my case. Please help me in knowing what generally happen over their What questions does they ask generally and for how long and on what gap these session happen. Looking at my case brief on previous threads, Can someone foresee what could be the outcome.
Raman
17 June 2012 at 20:47
My Cousin wed 7 years ago. And After 5 years his wife, in 2010 left the matrimonial home and his father send legal notice and demanded huge Gold, silver etc.My Cousin move the application for RCR finally she has to join her husband.In 2011, she again call local women cell which don't find any merits there
Then again she left the matrimonial home.Now she has filed 2 complaints one before CAW (u/s 498-A/406)and one before Protection Officer where both are doing counselling sessions.
The members of CAW/Protection Officer insist that his wife should returned to the matri home but she is imposing conditions
My Cousin fed with her but ready to oblige the directions but has some apprehensions that what will be the surety that she will not impose 498-A again ?
Whether its safe to bring into the joint family home as she in her complaint has dragged the name of her father in law and brother in law?
Kindly give legal and moral advice..
KAILASH MANTRY
17 June 2012 at 16:48
Are these words ‘perverse’, ‘unjust’, ‘biased’, ‘erroneous’, ‘ambiguous’ if used against the order is contempt of court?
KAILASH MANTRY
17 June 2012 at 16:34
1. As per Family Court Order Interim Maintenance of Rs.30,000 pm should be paid to wife but it is not paid for 15 months , against this order i have filed appeal in the high court ,I have already paid 14 Lacs & unpaid amt is 4.50 lacs. so will this case be heard or will be rejected bcoz of unpaid maintenance?
2. Can written argument be submitted to the court as i myself is representing the case?
3. As property attached by the family court for pending maintenance amt of 7.80 lacs in 2006, and amt of 14 lacs had been paid in 2010 so can I file the application in the court for release of my property?
Aditya Sharma
17 June 2012 at 12:19
Hi,
Thankful to All of you for your valueable guidance. still left with some queries:
1. As I was legally advised, I was to recieve legal formal notification so that the case can be closed. It's more than 6 month, nothing received. Shall I need to go to court for next date to close it?
2. After so much of time, if my wife changes her mind and pursue this case further, what options I have?
Looking for your valuable guidance in my situation:
In Aug'11, I filed for divorce in Delhi High Court and in reply my wife charged me & my family under dowry, domestic violence and miscarriage in Hathras, UP. After arranging Arrest Stay from Allahabad HC and through mediation, we agreed to live together. Since 3rd Dec'11, she is at our residence. Her behavior is like a victor and in no mood to continue like a family member. Its more than six month now and we have not received any legal information related to case closure and FIR quashing.
I finished my case in Dec'11 so my wife is relaxed now and they are in no mood to finish cases.Please guide me
1. will I receive call from court or I have to check with my lawyer? After six months, do i have better chances or still she will have so called women sympathy?
2. If I don't want to continue with her, what option I have?
3. I owned a property in Delhi before marriage which I got changed in my mother's name prior to all these cases. Can she ask for stake in that property too. Is legally she elgible for that as property is not in my name now.
Shantanu Wavhal
17 June 2012 at 08:03
1. What is the role of the petitioner (Husband) in framing of issues ?
2. Does the court ask questions, clarifications to petitioner & respondent while framing of issues ?
3. Can the petitioner (husband) raise an objection on a particular issue framed by the court ?
4. Can he suggest a question to the court ?
Experts, kindly provide info. about this stage so as to prepare myself for this.
my case has reached to this stage within 5 months (earlier I typed 8 by mistake) from the date of filing & I confer all the credits to LCI.
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Interim maintaince hma24
my wife filed hma24 for interim maintenance in family court, her application stating that her earning of basics is Rs 7635 from govt of Karnataka as second division asst. Earlier her application for interim in dv dismissed in lower, session & high court of Karnataka under sec 12 of dv act and finally dv case also dismissed in lower and without any maintenance .
Now the question is dv interim & final maintenance is dismissed is she eligible to file under hma 24 even high court dismissed in dv
if yes, she is stating that her earnings is only Rs 7635 she is not mentioned her actual salary which includes her HRA 25%, DA 76.5%, cca, medical ..etc which comes more than 16000 to 20,000/month
recently govt of Karnataka revised state govt employees salary from 1st April 2012 onwards but their in her dept it is not yet implemented it will take time for 2 or three months.
secondly she is stating that she has to maintain her mother and sisters.
but mother is getting pension from govt of Karnataka where she is admitted fact her mother getting amount of 5000/month , with new revison payment not yet known.
lastly her sisters one elder married long a go in 1992 having two child residing with husband last sister also married and staying with her husbands.
but my sad story is different because of her influence my sister married life spoiled due to false 498a case presently iam taking of her and also her children including my mother due to they are totally dependent on me.
she is claiming that iam earning salary of 50,000/month but it is baseless. earlier in dv case she claim iam getting 25000/-month where i produced my salary certificate judge noted and given good judgement.
with regards.
totally false case file on me is 6 case totally 6 won but still i have to struggle to prove innocence great india .